2025:KER:24397 WP(C) NO. 10251 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 10251 OF 2025 PETITIONER(S): 1 ABHIJIT DILIP AGED 19 YEARS, S/O REKHA DILIP, RESIDING AT TEJUS, M/10/32, CHANGAMPUZHA NAGAR P.O, COCHIN, PIN - 682033 2 ABHINU SREE SAI AGED 20 YEARS, SREE SAI KRISHNA, NEDUMPANA PO, KOLLAM, PIN - 691576 3 VAISHALI AGED 20 YEARS, PLOT NO 403, HANUMAN NAGAR EXTENSION, JAIPUR, PIN - 302021 4 ADITHYA BALACHANDRAN AGED 19 YEARS, 5/518, SREYAS, PERINGAVU, THRISSUR, PIN - 680008 5 AMANKUMAR SHARMA AGED 19 YEARS, BALLABHGARH, THE BHUSAWAR, BHARATPUR, RAJASTHAN, PIN - 121004 6 AMRITH AKAMSHA AGED 20 YEARS, HUMAYUNPUR NORTH, POST GORAKHNATH, GORAKHPUR, UP, PIN - 824220 7 ANJANA ARAVIND AGED 20 YEARS, KOTTAPADATH HOUSE, NAGARIPURAM (P.O), MANNUR - PALAKKAD, PIN - 678642 2025:KER:24397 WP(C) NO. 10251 OF 2025 2 8 ANJANA NIBU AGED 20 YEARS, MEGHANAM, PANAYIL P.O, PALLICKAL, NOORANAD, ALAPPUZHA, PIN - 690504 9 ARCHANA. M AGED 20 YEARS, MOOTHADIKKAL NECHATTIL PARAMBA, VENGERI PO, KOZHIKODE, PIN - 673010 10 ARPITH PANDAY AGED 20 YEARS, 262A LG-3, SECTOR-4, VAISHALI, GHAZIABAD, UP, PIN - 201019 11 ARIZ FATHIMA AGED 20 YEARS, BEELNA VILLAGE, NAWGAWAN SADAT, AMROHA, UP, PIN - 244251 12 ARYANANDA R AGED 20 YEARS, ODAMKADUMMEL, CHATHANKOTUNADA, PO KAVILUMPARA, KOZHIKODE, PIN - 673513 13 ARYANANDANA K.B AGED 20 YEARS, KARANAYIL HOUSE, WATER TANK ROAD, NEAR CIVIL STATION, IRINJALAKUDA NORTH, THRISSUR, PIN - 680125 14 ATHULYA K AGED 20 YEARS, KARUVADIYIL (H), PERUMUDIYOOR (P.O), PALAKKAD, PIN - 679303 15 AYSHA NASMIN AGED 20 YEARS, THOTTIYIL HOUSE, SREEKRISHNAPURAM POST, PALAKKAD, PIN - 679510 16 BADRA P AGED 20 YEARS, CHENNATTU (H), AIRAPURAM PO, KEEZHILLAM (VIA), ERNAKULAM, PIN - 683541 17 DEEPAK MURALEEDHARAN AGED 20 YEARS, PULIKULATHU KIZHAKKETHIL, THATTAYIL, PANDALAM, PATHANAMTHITTA, PIN - 689501 2025:KER:24397 WP(C) NO. 10251 OF 2025 3 18 DEEPTI AGED 20 YEARS, FLAT NO. 94, POLICE COLONY, VIKASPURI, NEW DELHI, PIN - 110018 19 VYSHNA RAJEEVAN AGED 21 YEARS, SREE VYSHNAM, EDAKKAD PO, NADAL, KANNUR, PIN - 670663 20 VISHNU SANTHOSH AGED 20 YEARS, KONAT, AMBALAKANDY, VEERPAD, KANNUR, PIN - 670704 21 DEVNANDINI R AGED 20 YEARS, CHANDRARAMAM, TC 29/830, CPRA 12B, KAITHAMUKKUNEAR KARALKADA, VALLAKADAVE, TRIVANDRUM, PIN - 695008 22 VIPUL SHARMA AGED 22 YEARS, VILLAGE BHEEMSINGHPURA, POST MAJRA, TEH NEEMRANA, DISTT ALWAR, RAJASTHAN,, PIN - 301703 23 DEVAKRISHNAN SR AGED 21 YEARS, KRISHNA, KUDAVATTOOR PO, ODANAVATTOM, KOTTARAKKARA, KOLLAM, PIN - 691506 24 VINAYAK KARTHIK AGED 20 YEARS, SREEVINAYAKA, PULLIYILANGADI, ANAKKAYAM PO, MALAPPURAM, PIN - 676509 25 SURAJ ANAND AGED 23 YEARS, NEW AREA WARD NO 11, NEAR JK HOTEL, AURANGABAD (BIHAR), PIN - 824101 26 SUHRABI C AGED 22 YEARS, CHENAKKAL HOUSE, KODAKKALLU, MALAPPURAM, PIN - 676508 27 SUBASH SHUKLA AGED 21 YEARS, BANTALA, WALTERGANJ, BASTI, UP, PIN - 272182 2025:KER:24397 WP(C) NO. 10251 OF 2025 4 28 DIVYANSHI PRAJAPATHI AGED 21 YEARS 406/32, SIVAJI COLONY, ROTHAK, HARIYANA, PIN - 124001 29 SHONI K MANOJ AGED 22 YEARS, KUNNINAMKANDI HOUSE, PO PALLIKUNNU, KANNUR, PIN - 670004 30 SHARANYA K AGED 21 YEARS, VIGNESWARA, RAMDAS NAGAR, KUDLU, KASARGODE, PIN - 671121 31 RUDRA SUNDAR S AGED 22 YEARS, SIVAKRIPA (H), PULPARAMBIL, NEELESWARAM (PO), KOZHIKODE, PIN - 673582 32 RAVINDER KUMAR AGED 23 YEARS, KHERI DHUKIYA, POST BHOOMA BADA, THE LAXMANGARH, SIKAR, PIN - 332318 33 RAVIKANTH AGED 22 YEARS, VPO BASHIRPUR, TECH - NARNAUL, MOHINDER GARH, HARYANA, PIN - 123001 34 PRIYANJAN SING CHOUHAN AGED 19 YEARS, JAI AMBE COLONY, NEAR MATAJI TEMPLE, KAPASAN, CHITTORGARH, RAJASTHAN, PIN - 312202 35 HARI MENON N AGED 20 YEARS, 138, SREE RAM NIVAS, NAIR THARA 1ST STREET, KANJIKODE, PALAKKAD, PIN - 678621 36 POOJA S NAIR AGED 21 YEARS, SATYAM HOUSE, KUTHIRAVATTOM PO, CALICUT, PIN - 673016 37 HARIKEERTHANA MANIKOTH AGED 20 YEARS, CHALIL, THIRUVANGAD, 2025:KER:24397 WP(C) NO. 10251 OF 2025 5 THALASSERY, PIN - 670103 38 PAVITHRA GIRISH KUMAR AGED 21 YEARS DEEPA BHAVAN, KURUMANNA, MUKHATHALA P.O, KOLLAM, PIN - 691577 39 HASHMI PALAKKAL AGED 21 YEARS, PALAKKAL, THRIKKALANGODE, MALAPPURAM, PIN - 676123 40 NIDHA FATHIMA. H AGED 20 YEARS, NIHAS MAHAL, THEKKEMURY, SOORANAD P.O, KOLLAM, PIN - 690522 41 NIJIL MATHEW AGED 22 YEARS, PONNAMBAL, PERIKALLUR, PULPALLI, WYNAD, PIN - 673579 42 HRIDYA SATHISH AGED 20 YEARS, AMBADI, AMBAKKATT HOUSE, CHETTUPUZHA P.O, THRISSUR, PIN - 680012 43 NIDHA FATHIMA.C AGED 23 YEARS, ANWAR MANZIL, PO VELIMUKKU SOUTH, MALAPPURAM, PIN - 676317 44 NEDHA NOURIN AK AGED 23 YEARS, RABEEH AK HOUSE, THALAKULATHUR PO, PURAKKATTIRY, CALICUT, PIN - 673317 45 KALYANI S MENON AGED 22 YEARS, SANSKRIT COLLEGE ROAD, TRIPUNITHURA, ERNAKULAM, PIN - 682301 46 KARTHIK KP AGED 20 YEARS, S/O SMITHA, KAYALUMPALLATH HOUSE, EDAPPAL PO, MALAPPURAM, PIN - 679508 47 KASHISH RAWATH 2025:KER:24397 WP(C) NO. 10251 OF 2025 6 AGED 20 YEARS, H NO 1966 A12, SEC 64C, BALLABGARH, FARIDABAD, HARYANA, PIN – 121004 48 MOHAMMAD ZAID AGED 22 YEARS, C 3, STREET NO. 6, MANNAN LANE, BATLA HOUSE, JAMIA NAGAR, OKHLA, NEW DELHI, PIN - 110025 49 KRISHNA H AGED 22 YEARS, HARISREE (H), KANJIRAM, POTTASSERY (PO), PALAKKAD, PIN - 678598 50 MAHAK DAHAKED AGED 22 YEARS, BHEETARWARI, GANDHI CHOWK, BAYANA, BHARATPUR, RAJASTHAN, PIN - 321401 51 KULDEEP MALAVIA AGED 21 YEARS, ASTI KALAN, POST ASTI 1, TEHSIL CHOMU, JAIPUR, RAJASTHAN, PIN - 303702 52 LIYA MARY TH AGED 22 YEARS, THUMBIPPURAM HOUSE, CODACAL PO, TIRUR, MALAPPURAM, PIN - 676108 53 LAKSHMI HARI AGED 22 YEARS, TILEVILLA (MULAPURAYIL), ULUNTHY, PERINGALIPURAM PO, MAVELIKARA, ALAPPUZHA DIST, PIN - 669624 54 ANUSHRI S NAIR AGED 20 YEARS, RC BHAVAN, ELAKOLLOOR PO, KONNI VIA, PATHANAMTHITTA,, PIN - 689691 55 AYSHA HAMNA AGED 21 YEARS, MELETHIL HOUSE, KULAKKATTUKURISSI PO, PULIYAKKATTUTHERUVU, PALAKKAD, PIN - 678633 56 AMRUTHA M NAMBOOTHIRI AGED 20 YEARS, TC55/21, CHANDRAMANA, SRIVALSAM, VISHNU NAGAR KAMANAM, TRIVANDRUM, PIN - 695018 2025:KER:24397 WP(C) NO. 10251 OF 2025 7 57 ROOPA REJI AGED 20 YEARS, TC/465, PULLIYIL LANE, ULLOOR, MEDICAL COLLEGE PO, TRIVANDRUM, PIN - 695011 58 HRIDYA SANDEEP AGED 19 YEARS, PEZHATHUMKAL, TP PURAM, VAZHOOR, KOTTAYAM,, PIN - 686505 59 HARIKEERTHANA S AGED 22 YEARS, MAADHAVAM, MANALKKUNNU GARDENS, ANANDAVALLESWARAM ROAD, MANNANTHALA PO, TRIVANDRUM, PIN - 695015 60 ADWAITH S AGED 20 YEARS VRINDAVANAM SBMRA 39/A BHAJANAMADAM ROAD, PEYAD PO, TRIVANDRUM,, PIN - 695573 61 SIVAGANGA KV AGED 21 YEARS, SAJIPURAM HOUSE, POST-CHERUKATTOR, PANAMARAM, WAYANAD (DISTRICT),, PIN - 670721 62 NANDHU AS AGED 23 YEARS, KALLUMALA VEDU, PONNUMANGALAM, NEMAM, TRIVANDRUM,, PIN - 695020 63 NIRANJAN AGED 21 YEARS, NIKUNJAM, CHENOTH, VALLUR, PAYYANNUR, KANNUR, PIN - 670307 64 LAKSHMI IB AGED 20 YEARS, ITHIKKAT HOUSE, THRITHALLOOR POST, VADANA PPILLY VIA, THRISSUR DT,, PIN - 680614 65 NANDHANA S S AGED 20 YEARS, KANAKA SREE, VENCODU, CHERIYAKOLLA PO, TRIVANDRUM, PIN - 695504 66 PRASOBH G 2025:KER:24397 WP(C) NO. 10251 OF 2025 8 AGED 22 YEARS, SANKARICHANPALAYAM, NATTUKAL PO, CHITTOOR, PALAKKAD,, PIN - 678554 67 ATHUL B.K AGED 22 YEARS, PARAMBAN CHANDROTH HOUSE, KOOTTUMUGHAM PO, SREEKANDAPURAM, KANNUR DT,, PIN - 670631 68 NILA S KRISHNA AGED 21 YEARS, KALABHAM, GREEN GARDEN, MEDICAL COLLEGE PO, THRISSUR,, PIN - 680596 69 ANNA JUVANITA ANIL AGED 21 YEARS, MULAVANA P.O, KUNDARA, KOLLAM,, PIN - 691501 70 SONA. S.J AGED 21 YEARS, PARADISE, PUTHENKADA, THIRUPURAM PO, TRIVANDRUM,, PIN - 695133 71 PARVATHI.S AGED 23 YEARS, THAMBURU, EDAYADI, BOOTHAKULAM, KOLLAM,, PIN - 691302 72 ABSAL GAFOOR AGED 24 YEARS, CHITAYIL, KANDANASSERY, CHOVALLUR, THRISSUR,, PIN - 680102 73 GADHA K.S AGED 21 YEARS, KARIMANTHATT (H), THALAYOLAPARAMBU PO, KOTTAYAM, PIN - 686605 BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) PRATAP ABRAHAM VARGHESE MANOJKUMAR G. ASHOK MENON 2025:KER:24397 WP(C) NO. 10251 OF 2025 9 RESPONDENT(S): 1 M/S V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST A2, JAWAHAR NAGAR COLONY, SALES TAX OFFICE ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING TRUSTEE, PIN - 673006 2 THE PRINCIPAL PALAKKAD INSTITUTE OF MEDICAL SCIENCES, WALAYAR, PALAKKAD, PIN - 678624 3 FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALATC 15/1553-4, PRASHANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, PIN - 695014 4 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, HEALTH & FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. Vinod Bhat S NAVANEETH D PAI ANAGHA LAKSHMY RAMAN(K/000767/2015) V.NAMITHA(K/1090/2011) GITANJALI SADAN PILLAI(K/004306/2024) V.SREEJITH (K/1398/2000)(K/1398/2000) SMT MARY BENJAMIN SC SR GP SRI T K VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24397 WP(C) NO. 10251 OF 2025 10 JUDGMENT AMIT RAWAL, J. 1. Petitioners, 73 in number, first year MBBS students of Palakkad Institute of Medical Sciences (hereinafter called ‘College’), run by the M/s.V.N.Public Health and Educational Trust, have approached this Court seeking following reliefs: “a) Issue a writ of certiorari or any other appropriate order quashing and setting aside Exhibits P-5 and P- 7 b) Issue a writ of mandamus or any other appropriate order directing the 3rd respondent to re-consider and re-fix the tuition fee and other fees payable by the petitioners. c) Issue a writ of mandamus or any other appropriate order directing the 3rd respondent to pass orders on Exhibit P-8 forthwith, d) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case, and e) to dispense with filing of the translation of vernacular documents.” 2025:KER:24397 WP(C) NO. 10251 OF 2025 11 2. The aforementioned reliefs were based upon the brief facts enumerated herein below: All the petitioners were admitted to the courses in the merit quota during the second allotment of seats. College commenced the academic year of 2024-2025 after obtaining the letter of permission and affiliation from competent authorities for conducting MBBS course with an intake of 150 students. As per the fee details published by the College, the tuition fee for merit seat was Rs.7,71,595/- (Rupee seven lakhs seventy one thousand five hundred ninety five thousand only) and the total fee inclusive of special fee, caution deposit, hostel and mess was Rs.9,56,475/- (Rupees nine lakhs fifty six thousand four hundred seventy five only). On account of non inclusion in the list of the colleges in the Central Allotment Process, respondent No.1 – college approached this Court vide W.P.(C)No.29992 of 2024 and vide interim order dated 10.09.2024, the Commissioner for Entrance Examinations was directed to include the college in 2025:KER:24397 WP(C) NO. 10251 OF 2025 12 the second allotment process and allot students by following the seat matrix applicable to non-minority institutions, provisionally, with a further direction that the fee to be collected shall be the lowest among the fees fixed for colleges included in the allotment process. 3. Fees Regulatory Committee - 3rd respondent, after analysis of the claim and infrastructure, finalized the fee structure for MBBS course for the academic year 2024-2025 in self financing medical colleges. Respondent No.1 – College, in the meantime, had submitted a proposal dated 26.08.2024 before the Fee Regulatory Commission - 3rd respondent and on consideration of the matter, after giving opportunity of hearing to all the parties concerned, 3rd respondent vide order impugned dated 15.01.2025, fixed the tuition fee payable by the merit students of the college as Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only) and consolidated fee payable as Rs.11,00,800/- (Rupees eleven lakhs eight hundred only). Thereafter, 2025:KER:24397 WP(C) NO. 10251 OF 2025 13 petitioners were served with letters dated 20.01.2025 demanding payment of Rs.1,44,325/- (Rupees one lakh forty four thousand three hundred twenty five only) as the difference payable on account of the increase in tuition fee, special fee and caution deposit, which has to be made on or before 10.02.2025. The grievance of the petitioners is that the maximum tuition fee for merit students fixed by the Government in respect of other colleges was far less than the amount fixed by the Fee Regulatory Committee i.e., maximum of Rs.8,86,779/- (Rupees eight lakhs eighty six thousand seven hundred seventy nine only) and being a new college, fees could not have been fixed at the rate of Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only). But, were unaware of Ext.P7, another Government Order, whereby a fee of Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only) was fixed for general students. Petitioners had preferred a review application before the competent authority but in the 2025:KER:24397 WP(C) NO. 10251 OF 2025 14 meantime, have received notices, Ext.P9. It is in that background, challenged the order of the Fee Regulatory Committee Ext.P5 and Ext.P7 Government Order, as the same were not sustainable in the eyes of law. 4. We have heard learned counsel for the parties and appraised the paper book and of the view that the order of the Fee Regulatory Committee Ext.P5 dated 15.01.2025 and the Government order Ext.P7 dated 14.02.2025, have been passed considering the available infrastructure, teaching and non-teaching staffs, other equipments, expenditure on administration, maintenance of medical institutions, cost of the land and building, nature of medical courses, location of private medical institutions etc. Though the proposal of the College was Rs.11,34,000/- (Rupees eleven lakhs thirty four thousand only), rejected the ratio of staffs by relying upon the recommendation made by Justice Shah Commission report, keeping that it would be reasonable to apportion 50% of the salary paid to the staff on the clinical side of the 2025:KER:24397 WP(C) NO. 10251 OF 2025 15 hospital for the purpose of calculating the tuition fee and fixed the tuition fee as Rs.8,98,800/- (Rupees eight lakhs ninety eight thousand eight hundred only), hostel fee Rs.25,000/- (Rupees twenty five thousand only) and mess charges Rs.70,000/- (Rupees seventy thousand only), which is found to be justified. The direction of the Court dated 10.09.2024 for fixing the fees at the lowest was also taken into consideration as provisional and was subject to the decision of Fee Regulatory Committee and therefore, cannot have a binding effect upon the decision of the Fee regulatory Committee. We do not find any illegality and perversity in the order under challenge. No ground for interference is made out. Writ petition stands dismissed. Sd/- AMIT RAWAL, JUDGE Sd/- K. V. JAYAKUMAR, JUDGE nak 2025:KER:24397 WP(C) NO. 10251 OF 2025 16 APPENDIX OF WP(C) 10251/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF ALLOTMENT MEMO ISSUED TO ONE OF THE STUDENTS BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS DATED 27/9/2024 Exhibit P-2 TRUE COPY OF FEE PARTICULARS PUBLISHED BY THE PIMS Exhibit P-3 TRUE COPY OF INTERIM ORDER DATED 10/09/2024 IN WP (C) NO. 29992/2024 Exhibit P-4 TRUE COPY OF GOVERNMENT ORDER GO (MS) NO 240/2024/H&FWD DATED 25/9/2024 Exhibit P-5 TRUE COPY OF ORDER DATED 15/1/2025 IN FRC 50/24/MBBS/PIMS Exhibit P-6 TRUE COPY OF LETTER DATED 20/1/2025 RECEIVED BY THE FATHER OF 36TH PETITIONER Exhibit P-7 TRUE COPY OF GOVERNMENT ORDER NO. GO (MS) NO. 57/2025/H&FWD DATED 14/2/2025 Exhibit P-8 TRUE COPY OF REVIEW APPLICATION DATED 20/2/2025 DEHORSE ANNEXURES Exhibit P-9 TRUE COPY OF NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT